What Family Court Rewards, and What It Punishes.
- PAPA
- 2 days ago
- 5 min read
The Family Court exists with the intention to protect children and support their best interests.

Yet, there is a growing tension between the court’s intentions and the real outcomes it produces.
Often, the system rewards parents who appear cooperative and compliant on paper, while those who focus on genuine, child-centred parenting face unintended penalties.
This article explores how the court’s incentives shape behaviour, sometimes at the expense of children’s emotional wellbeing.
The goal is not to criticise the court itself but to honestly examine how its processes influence families and to consider what a truly child-centred system might look like.
If you are a parent currently going through family court, it is important that you join PAPA Plus and make use of our courses and other resources, including PAPA AI.
If you require direct assistance with your case, you can also book a call or one of our family law workshops with PAPA as a 'Plus' member.
What the Family Court Tends to Reward
Compliance Over Connection
The court values parents who follow procedures without error.
Those who submit paperwork on time, attend hearings punctually, and maintain a calm, orderly presence often gain favour.
This focus on flawless compliance can overshadow the emotional realities of parenting.
A parent who appears emotionally detached but meets all formal requirements may be seen as more reliable than one who struggles but prioritises their child’s emotional needs.
Narrative Control
Clear and consistent storytelling carries weight in court decisions.
Parents who present a straightforward, unchallenged narrative often have an advantage.
Repeating concerns or allegations can sometimes be more influential than evidence of everyday parenting.
For example, a parent who consistently voices worries about the other parent’s behaviour may be heard more clearly than one who quietly manages daily care challenges.
Apparent Cooperation
Saying the “right” things about contact arrangements and co-parenting is often rewarded.
Parents who express willingness to cooperate, even superficially, may receive more positive outcomes than those who struggle to facilitate meaningful relationships.
This can lead to a focus on surface-level agreement rather than genuine collaboration that benefits the child.
Emotional Restraint
The court tends to view parents who suppress visible distress as stable and reliable.
Parents who openly show grief, fear, or urgency risk being misunderstood as hostile or a potential risk to the child.
For example, a mother expressing deep sorrow over limited contact might be seen as emotionally unstable rather than as a parent advocating for her child’s wellbeing.
What the Family Court Often Punishes
Emotional Authenticity
Parents who express genuine emotions such as fear, loss, or desperation may face negative judgements.
Trauma responses can be mistaken for attempts to create conflict, leading to unfair consequences.
This discourages parents from being open about their feelings, which can hinder honest communication and problem-solving.
Challenging the System
When parents question reports, assessments, or court decisions, their advocacy can be reframed as non-compliance or obstruction.
For instance, a parent who requests a second opinion on a social worker’s report might be labelled difficult rather than engaged.
This dynamic discourages critical engagement and can leave parents feeling powerless.
Consistency Without Power
Parents who persistently document concerns, attend appointments, and try to maintain involvement may be seen as fixated rather than committed.
This misinterpretation can lead to frustration and disengagement, even when the parent’s efforts are motivated by genuine care for their child.
The Child’s Resistance Itself
When a child resists contact with a parent, the court often accepts this at face value without deeper investigation.
The reasons behind the child’s rejection may be complex, involving fear, loyalty conflicts, or past trauma.
Without careful scrutiny, the child’s voice can be misunderstood, and relationships may quietly break down.
The Child Caught in the Middle
The incentives within the family court shape how adults behave around children.
Parents may focus on appearing cooperative rather than addressing the child’s emotional needs.
Silence or compliance can be mistaken for safety, while underlying distress goes unnoticed.
Over time, children may lose meaningful relationships without anyone fully understanding the emotional cost.
This quiet erosion can have lasting effects on their wellbeing and sense of security.
What Would a Child-Centred System Reward Instead?
A system truly centred on children’s wellbeing would value curiosity over assumptions.
It would look beyond neat narratives to observe actual behaviour and interactions.
Repair and understanding would take priority over punishment or rigid compliance.
Such a system would encourage parents to express emotions honestly and engage critically with the process without fear of penalty.
Imagine a court that asks: How can we support this family to build trust and connection? What does this child need to feel safe and loved?
This approach invites dialogue and collaboration, focusing on healing rather than blame.
The challenge is clear: how can the Family Court evolve to better support children by aligning its incentives with their emotional and developmental needs?
This question invites ongoing reflection and action from all involved in family justice.
In need of help or support?
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